UNION OF INDIA Vs. RAM NARAYAN PRASAD

JUDGEMENT

(1.) This second appeal has been filed by the Union of India through General Manager, North Eastern Railway, Gorakhpur against the judgement and decree passed by IXth Addl. District Judge, Gorakhpur in Civil Appeal No.78 of 1991, arising out of original suit no.214 of 1983 Ram Narayan Prasad versus Union of India.

(2.) The brief facts relating to the case as mentioned in plaint are, that plaintiff, a constable in Railway Protection Force, hereinafter mentioned as R.P.F., fell ill on 18.7.1975 whereafter he left for his home town and was under treatment in Deoria for a period from 5.11.75 to 5.6.76; that the plaintiff returned to his duty on 19.6.76 with medical certificate, upon which he was permitted to join on 23.6.76; that Departmental enquiry was initiated against the plaintiff, who was served with the charge sheet for dereliction in duties and unauthorized absence from duty for a period of 19.7.75 to 7.6.76 and on completion of enquiry was punished with the removal from service.

(3.) In Civil Suit filed by plaintiff/respondent a decree for declaration was sought with the prayer that "it be declared that order No.E/P.R.O. -1476 dated 15.1.1977 passed by Assistant Security Officer, the order of the Assistant Security Officer, Varanasi communicated vide A.S.O. Gorakhpur No.E.PRO -1476/633 dated 13/15.9.1978 and the order dated 24.6.81 passed by the Chief Security Officer, Gorakhpur are illegal, unconstitutional and against law rules and principles of natural justice and the same is not binding upon the plaintiff and he is continuing in service". The defendant/appellant filed a written statement denying the allegations made in plaint and pleaded that the suit is not maintainable and is liable to be dismissed with costs.